Our experts apply economic and financial tools to industry issues such as the valuation of spectrum, the assessment of damages in litigation, the pricing of network access and interconnection, and the analysis of market conditions, competition, pricing, and costs. We provide financial, regulatory, strategic, and economic analyses to telecommunications companies, law firms, and federal, state, and local government agencies. Our clients span the industry: from investors, manufacturers, and technology leaders, to wireless and wireline service providers and policymakers.

Engagements

REPRESENTATIVE ENGAGEMENTS

Below is a list of representative engagements for our Telecommunications practice.

Auction valuation and bidding

The Brattle Group assists clients by serving as auction valuation and bidding advisors, auction managers, and as experts in auction theory for telecommunications companies. We advised bidders in the Canadian 700 MHz and AWS spectrum license auctions and the FCC 700 MHz and AWS spectrum license auctions. We also evaluated the performance of TV stations when repacked in an incentive auction, analyzed likely auction outcomes for TV broadcasters participating in incentive auction, and estimated the economic value of reallocating TV spectrum for wireless broadband. We also advise participants in reverse and forward auctions.

Competitive pricing analysis for Comcast

Comcast operated a regional sports network and also various cable systems on which that network was carried. A number of those cable systems were facing competition from rival operators that wished to also carry the Comcast-owned sports network. A Brattle principal was retained by Comcast to assist in determining a non-discriminatory price for the network to offer rival operators.

Nortel bankruptcy proceedings

The Brattle Group was retained by counsel for the UK Pension claimants to opine on allocation approaches and claims issues in Nortel’s bankruptcy proceedings. We developed an economically-rational allocation methodology that, in the absence of an ex ante agreement among Nortel’s legal entities prior to its bankruptcy, reflected the financial and management realities of Nortel’s business operations. A Brattle expert testified on this methodology before both the Delaware Court of Bankruptcy in the U.S. and the Superior Court of Toronto in Canada. Our expert’s recommended pro rata allocation method, with some modifications, was accepted by the Canadian court as “doing what is just in the unique circumstances” of Nortel’s case, and by the U.S. court as “a fair and equitable mechanism.”

Ligado regulatory proceedings

In a series of papers prepared for LightSquared (now Ligado), a Brattle expert estimated the subsidy value of GPS satellites and spectrum, the impact of increased regulatory uncertainty on spectrum value, and analyzed the harm from revoking LightSquared’s ATC authorization.

FRAND analysis

In an early matter involving the limits of FRAND licensing requirements, Brattle analyzed the implications of FRAND on licensing requirements for intellectual property in the DTV standard.

Valuation of telecommunications start-up

A Brattle economist evaluated damages in a contract dispute between a telecommunications start-up and a supplier that agreed to provide equipment to develop wireless local-loop telephone service in eastern Europe. Our work involved supporting an academic expert who evaluated the competitive environment and potential business opportunities for the technology. The case settled on favorable terms.